Virginia Law

A. For the purposes of this section, "admission" means accepting a person for observation.

B. An outpatient surgical hospital shall allow a person with a disability who requires support and assistance necessary due to the specifics of the person's disability to be accompanied by a DSP who will provide support and assistance necessary due to the specifics of the person's disability to the person with a disability during an admission.

1. In any case in which the duration of the admission lasts more than 24 hours, the person with a disability may designate more than one DSP.

2. No outpatient surgical hospital shall be required to allow more than one DSP to be present with a person with a disability at any time.

C. An outpatient surgical hospital may:

1. Not subject a DSP to any restrictions on visitation;

2. Require a DSP to comply with all reasonable requirements of the outpatient surgical hospital adopted to protect the health and safety of the person with a disability, the DSP, the staff and other patients of or visitors to the outpatient surgical hospital, and the public; and

3. Restrict a DSP's access to specified areas of and movement on the premises of the outpatient surgical hospital when such restrictions are determined by the outpatient surgical hospital to be reasonably necessary to protect the health and safety of the person with a disability, the DSP, the staff and other patients of or visitors to an outpatient surgical hospital, and the public.

D. An outpatient surgical hospital may request that a person with a disability provide documentation indicating status as a person with a disability.

1. If the person with a disability fails, refuses, or is unable to provide documentation requested pursuant to this subsection, an outpatient surgical hospital may perform an objective assessment of the person to determine qualification as a person with a disability.

2. If an outpatient surgical hospital fails to perform an objective assessment pursuant to subdivision 1 of this subsection, an outpatient surgical hospital may not prohibit a DSP from accompanying a person with a disability for the purpose of providing support and assistance necessary due to the specifics of the person's disability.

E. An outpatient surgical hospital shall:

1. Establish protocols to inform patients, at the time of admission, of the right of a person with a disability who requires support and assistance necessary due to the specifics of the person's disability to be accompanied by a DSP for the purpose of providing support and assistance necessary due to the specifics of the person's disability;

2. Develop and make available to a patient or the patient's guardian, authorized representative, or care provider, upon request, written information regarding the right of a person with a disability who requires support and assistance necessary due to the specifics of the person's disability to be accompanied by a DSP and any policies related to that right; and

3. Make the written information described in subdivision 2 of this subsection available to the public on the hospital's website.

F. This section may not:

1. Alter the obligation of an outpatient surgical hospital to provide patients with effective communication support or other required services, regardless of the presence of a DSP or other reasonable accommodation, consistent with applicable federal or state law or regulations; or

2. Be interpreted to:

a. Prevent an outpatient surgical hospital from complying, interfere with the ability of the outpatient surgical hospital to comply with, or cause an outpatient surgical hospital to violate any federal or state law or regulation;

b. Deem a DSP to be acting under the direction or control of an outpatient surgical hospital or as an agent of an outpatient surgical hospital; or

c. Require an outpatient surgical hospital to allow a DSP to perform any action or provide any support or assistance necessary due to the specifics of the person's disability when the outpatient surgical hospital reasonably determines that the performance of the action or provision would be:

(1) Medically or therapeutically contraindicated; or

(2) A threat to the health and safety of the person with a disability, the DSP, or the staff or other patients of or visitors to the outpatient surgical hospital.